§ 292. Management of wife's earnings

Notwithstanding section 293 of this title, and subject to sections 280 and 285 of this title, the wife has the management, control, and disposition, other than testamentary except as otherwise permitted by law, of community property money earned by her until it is commingled with other community property.

During the time the wife has the management, control, and disposition of such money, she may not make a gift thereof, or dispose of it without a valuable consideration, without the written consent of the husband.

This section does not make such money the separate property of the wife, nor does it change the respective interests of the husband and wife in the money.

§ 293. Management of community personal property

The husband has the management and control of the community personal property, with the same power of disposition, other than testamentary, as he has of his separate estate; except that he may not, without the written consent of the wife:

(1) make a gift of the community personal property;

(2) dispose of the community personal property without a valuable consideration; or

(3) sell, convey, or encumber the furniture, furnishings, or fittings of the home, or the clothing or wearing apparel of the wife or minor children that is community.

§ 294. Property rights of spouses; effect of marriage settlement The property rights of husband and wife are governed by this chapter, unless there is a marriage settlement containing stipulations contrary thereto.

§ 295. Execution of marriage settlement

Contracts for marriage settlements shall be:

(1) in writing;

(2) subscribed by the party to be charged or by his agent authorized in writing; and

(3) acknowledged or proved as prescribed by chapter 27 of Title 4.

§ 296. Marriage settlements by minors

A minor capable of contracting marriage may make a valid marriage settlement.

Sec.

CHAPTER 9-CHILDREN BY BIRTH

331. Legitimacy of issue of wife cohabiting with husband.

332. Children born in wedlock.

333. Children born after dissolution of marriage.

334. Who may dispute legitimacy.

335. Subsequent marriage of parents.

336. Custody of minors.

337. Rights of parents when separated.

338. Action and decree for exclusive control of children.

339. Custody of illegitimate child.

340. Allowance to parent.

341. Control of property of child.

842. Parental abuse.

343. Termination of parental authority.

344. Relinquishment of services and custody.

345. Wages of minors.

846. Residence of child.

§ 331. Legitimacy of issue of wife cohabiting with husband The issue of a wife cohabiting with her husband, who is not impotent, is indisputably presumed to be legitimate.

§ 332. Children born in wedlock

All children born in wedlock are presumed to be legitimate.

§ 333. Children born after dissolution of marriage

All children of a woman who has been married, born within 10 months after the dissolution of the marriage, are presumed to be legitimate children of that marriage.

§ 334. Who may dispute legitimacy

The presumption of legitimacy may be disputed only by the Government of the Canal Zone in a criminal action brought pursuant to section 431 of this title, or by the husband or wife, or the descendant of one or both of them. Illegitimacy, in such a case, may be proved in the same manner as any other fact.

§ 335. Subsequent marriage of parents

A child born before wedlock becomes legitimate by the subsequent marriage of its parents.

§ 336. Custody of minors

The father and mother of a legitimate unmarried minor child are equally entitled to his custody and services; but either one of them is entitled to the custody and services if the other:

(1) is dead or unable to take the custody;

(2) refuses to take the custody; or

(3) has abandoned the family.

§ 337. Rights of parents when separated

The husband and father has no rights superior to those of the wife and mother, in regard to the care, custody, education, and control of the children of the marriage, while the husband and wife live separate and apart from each other.

§ 338. Action and decree for exclusive control of children

Without applying for a divorce, either spouse may bring an action for the exclusive control of the children of the marriage.

During the pendency of the action, at the final hearing, or afterwards, the district court may make any order or decree, in regard to the support, care, custody, education and control of the children of the marriage, as may be just and in accordance with the natural rights of the parents and the best interests of the children. At any time after an order or decree is made, the court may amend, vary, or modify it, as the natural rights and the interests of the parties, including the children, may require.

§ 339. Custody of illegitimate child

The mother of an illegitimate unmarried minor is entitled to its custody and services.

§ 340. Allowance to parent

The district court may direct an allowance to be made to the parent of a child, out of its property, for its past or future support and education, on such conditions as may be proper, whenever such a direction is for its benefit.

§ 341. Control of property of child

The parent, as such, has no control over the property of the child.

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§ 342. Parental abuse

The abuse of parental authority is the subject of judicial cognizance in a civil action brought by the child, by its relative within the third degree, or by the United States attorney. If the abuse is established, the child may be freed from the dominion of the parent, and the duty of support and education enforced.

§ 343. Termination of parental authority

The authority of a parent ceases upon:

(1) the appointment by a court of a guardian of the person

a child;

(2) the marriage of the child; or

(3) its attaining majority.

§ 344. Relinquishment of services and custody

of

The parent, whether solvent or insolvent, may relinquish to the child the right of controlling him. Abandonment by the parent is presumptive evidence of such a relinquishment.

§ 345. Wages of minors

The wages of a minor employed in service may be paid to him.

§ 346. Residence of child

Subject to the power of the proper court to restrain a removal prejudicial to the rights or welfare of the child, a parent entitled to the custody of a child has a right to change his residence.

Sec.

CHAPTER 11-CHILDREN BY ADOPTION

381. Adoption generally.

382. Adoption by stepfather or stepmother.

383. Notice to absent or nonconsenting parent.

384. Investigation.

385. Adoption order; effect.

386. Consent to adoption of illegitimate child.

387. Adoption of illegitimate child by father.

§ 381. Adoption generally

(a) An unmarried resident of the Canal Zone, or a husband and wife jointly, may petition the district court for leave to adopt a minor child.

(b) Written consent to the adoption must be given by the child, if of the age of 14 years, and:

(1) by each living parent who is not incompetent, intemperate, or otherwise unfit, or has not abandoned the child; or

(2) if there are no such parents, or the parents are unknown, or have abandoned the child, or they are incompetent, intemperate, or otherwise unfit, then by the legal guardian; or

(3) if there is no legal guardian, then by a discreet and suitable person appointed by the court to act in the proceeding as next friend of the child.

(c) When the child is an inmate of a charitable institution within the Canal Zone, and has been previously abandoned by its parents or guardians thereto, written consent to the adoption by the head of the institution is required.

(d) This section does not authorize a guardian to adopt his ward before the termination of the guardianship and the final settlement and approval, by the court, of his accounts as guardian.

§ 382. Adoption by stepfather or stepmother

(a) A resident of the Canal Zone, the husband or wife of a parent who has a minor child by a deceased or divorced former spouse, may petition the district court for leave to adopt the minor child and change his name.

(b) Written consent to the adoption is required, as provided by section 381 of this title, except that if the custody of the child has been awarded to the petitioner's spouse, the consent of the other parent is not required.

8 383. Notice to absent or nonconsenting parent

In cases of adoption where the consent of a parent is required, and it is alleged in the petition that the parent refuses to sign the consent, or is a resident of the Republic of Panama or elsewhere, an order to the parent to show cause why the petition should not be granted may be entered by the court. The order shall be published in accordance with section 163 of Title 5.

§ 384. Investigation

Upon the filing of a petition for adoption, the court may order an investigation to be made by a representative designated by the court and may further order that a report of the investigation shall be filed with the court within the time fixed in the order. The investigation may include the conditions and antecedents of the child for the purpose of determining whether he is a proper subject for adoption; appropriate inquiry to determine whether the proposed home is a suitable one for the child; and any other circumstances and conditions which may have a bearing on the adoption and of which the court should have knowledge. The report of the investigation shall become a part of the files in the case, and the court may require that the report contain a definite recommendation for or against the adoption and state reasons therefor.

§ 385. Adoption order; effect

(a) When this chapter is complied with, if the court is satisfied with the ability of the petitioner to bring up and educate the child properly, having reference to the degree and condition of the child's parents and the fitness and propriety of the adoption, it shall make an order setting forth the facts and declaring that from that date the child, to all legal intents and purposes, is the child of the petitioner and that its name is thereby changed. The order shall be recorded in the records of the court.

(b) The natural parents, except the spouse of the petitioner when a child is adopted pursuant to section 382 of this title, shall, by the order referred to in subsection (a) of this section, be divested of all legal rights and obligations in respect to the child, and the child shall be free from all legal obligations of obedience and maintenance with respect to them. The child shall be to all intents and purposes the child and legal heir of the person adopting him or her, entitled to all the rights and privileges, and subject to all the obligations of a child of such person begotten in lawful wedlock.

§ 386. Consent to adoption of illegitimate child

If the child to be adopted is illegitimate, the consent of the father to adoption is not required.

§ 387. Adoption of illegitimate child by father

The father of an illegitimate child, by publicly acknowledging it as his own, receiving it as his own, with the consent of his wife, if he is married, into his family, and otherwise treating it as if it were a legitimate child, thereby adopts it as a legitimate child; and the child is thereupon deemed for all purposes legitimate from the time of its birth. Sections 381-386 of this title do not apply to such an adoption.

Sec.

CHAPTER 13-SUPPORT OF RELATIONS

421. Support of wife.

422. Support of wife on abandonment or separation; husband's earnings. 423. Support of husband.

424. Duties of parents; support and education.

425. Death of parent without providing for support.

426. Reciprocal duties of parents and children.

427. Action for relief from obligation to support parent.

428. Parent's liability for necessaries or support.

429. Wife's children by former marriage.

430. Compensation and support of adult child.

431. Penalty for abandonment or failure to support wife or child.

§ 421. Support of wife

If a husband neglects to make adequate provisions for the support of his wife, except in the cases provided for by section 422 of this title, any other person may, in good faith, supply her with articles necessary for her support, and recover their reasonable value from the husband. § 422. Support of wife on abandonment or separation; husband's earnings

A husband abandoned by his wife is not liable for her support until she offers to return, unless she was justified in abandoning him by his misconduct. During the period of unjustified abandonment, prior to the wife's offer to return, the earnings of the husband are his separate property.

A husband is not liable for his wife's support when she is living separate from him by written agreement, unless the support is stipulated in the agreement.

§ 423. Support of husband

A wife shall support the husband out of her separate property when:

(1) he has not deserted her;

(2) he does not have separate property;

(3) there is no community property; and

(4) he is unable, from infirmity, to support himself.

§ 424. Duties of parents; support and education

A parent entitled to the custody of a child shall give him support and education suitable to his circumstances; but if a child has sufficient earnings of his own, the cost of his support and education may be taken therefrom. If the support and education which the father of a legitimate child is able to give are inadequate, the mother shall assist him to the extent of her ability.

§ 425. Death of parent without providing for support

If a parent chargeable with the support of a child dies, leaving it a public charge, and leaving an estate sufficient for its support, the United States attorney may claim provision for its support from the parent's estate by civil action. For this purpose, the United States attorney may have the same remedies as any creditor against the estate, and against the heirs and next of kin of the parent.

§ 426. Reciprocal duties of parents and children

A father, mother, and children of a poor person unable to maintain himself by work, shall maintain him to the extent of their ability. The promise of an adult child to pay for necessaries previously furnished to his parent is binding.